Carpal Tunnel

Worker’s compensation cases stem from several different job types, and many different ways. Usually, people assume that only jobs that require heavy labor can lead to injury, and this is incorrect. What may come as a shock to some is, office jobs can lead to injuries as well. Not only the usual slip and fall, or equipment failure, but the work alone can lead to an injury that you may be able to be compensated for; carpal tunnel syndrome. Sitting at a desk all day can lead to back pain, neck pain, and even leg pain, however, there is an intense level of stress that be added to your wrists as well. Carpal tunnel does not happen overnight, this is an injury that is gradual and thus sometimes hard to prove as a work-related injury. This is why, should you suffer any form of carpal tunnel syndrome and feel this injury came from your job, it is best to contact a personal injury attorney as soon as possible.

Office jobs require a lot of desk work and being on computers for extended periods of time. However, computer use happens outside of the office as well, at school, home, or the library. For this reason, it may be hard to file a claim for worker’s compensation against your employer. A personal injury attorney can help you prove to those that you feel should be held liable for your injuries, that you are hurt because of the job and nothing else. Suffering from this injury can also prevent you from being able to effectively complete your work, so it is important to seek medical attention as soon as possible.

Your job may have specific stipulations in place to avoid lawsuits from employees. Some cities or states even place carpal tunnel syndrome in a different category that avoids work-related injuries altogether. It is reasonable to want to seek damages for your injury should your carpal tunnel truly come from your job, and this is why you should speak to an attorney to discover your options before giving up no matter how hard it is to prove. An attorney will let you know if you actually have a decent case. Unfortunately, this injury can affect your life and your work, so it is okay to know. Should you or someone you know suffer from carpal tunnel syndrome and have reason to believe this is due to the workplace, contact a personal injury attorney in Dekalb County, GA to determine what’s the next step to take. It will never hurt you to know, but it may hurt you more not to know.

Thanks to Andrew R. Lynch, P.C. for their insight into personal injury claims and carpal tunnel.

Collisions with a bicycle are usually the fault of a negligent driver. Drivers merge into a bike lane without checking to see whether the lane is occupied. Drivers make right turns on red without yielding to bicycles in the intersection. Drivers read-end bicyclists who are waiting for a light to change.

 

Collisions with cars and trucks have serious consequences for bicyclists. Bicycle helmets provide minimal protection against head injuries caused by car crashes. Crashes can cause spinal damage and broken bones. Riders who are thrown from their bikes are at risk of breaking teeth, injuring elbows and wrists, and developing road rash infections.

 

Bicycle accident lawyers help injured bicyclists pursue compensation from the negligent driver’s car insurance company. In some cases, they might also bring a claim against the bicyclist’s own car insurance.

 

Using a Driver’s Car Insurance for a Bicycle Accident

 

State laws usually require drivers to maintain liability insurance. A driver’s bodily injury coverage pays compensation to bicycle accident victims, up to the coverage limits, for injuries caused by the driver’s negligence.

 

Bodily injury coverage covers injuries caused by crashes with bicyclists and other negligent uses of the vehicle. For example, if a driver opens a car door into the path of an oncoming bicyclist, the driver’s car insurance should cover the driver’s negligent conduct.

 

In some cases, both a driver and a bicyclist are at fault for an accident. For example, a driver who hits a bicycle rider as the driver is backing out of a driveway is at fault for failing to yield. If the bicyclist should have seen the car backing out of the driveway and had time to avoid a collision, the bicyclist might share fault for the accident.

 

As long as the driver was more at fault than the bicyclist, the law may allow the bicycle rider to recover compensation in proportion to the driver’s fault. For example, if the driver was 80% at fault, the bicyclist will recover 80% of full compensation.

 

Insurance adjusters nearly always try to place the blame for bicycle accidents on the bicyclist. Experienced bicycle accident attorneys know how juries usually allocate fault for bicycle accidents. They use that knowledge to negotiate fair settlements for injured bicycle riders.

 

Using a Bicyclist’s Car Insurance for a Bicycle Accident

 

Not all drivers purchase the liability insurance that the law requires. A recent insurance industry survey estimated that 12% of drivers are uninsured.

 

Bicycle riders who are injured by an uninsured driver may be able to claim compensation from their own uninsured motorist coverage. The law usually does not require that coverage, but smart car owners protect themselves from uninsured drivers by purchasing an adequate amount of uninsured motorist coverage.

 

Uninsured motorist coverage usually protects persons covered by a car insurance policy even if the insured person is not in a motor vehicle when a collision occurs. Typical policies cover insured individuals when they are riding in a car, walking, or riding a nonmotorized vehicle (such as a bicycle).

 

Uninsured motorist coverage also protects victims of hit-and-run accidents. If a car collides with a bicycle and the driver leaves the accident scene, the bicyclist will usually be protected if he or she has uninsured motorist protection.

 

Underinsured motorist coverage protects bicyclists when a negligent driver has insurance, but the driver’s policy limits are insufficient to pay full compensation. If a car owner has purchased underinsured motorist coverage that covers the bicyclist, that coverage can supplement the compensation that is paid by the negligent driver’s insurance company.

 

Insurance agents and adjusters are quick to tell bicyclists “you’re not covered.” That statement is not always true. A bicycle accident attorney can review your policy and determine whether you are entitled to seek injury compensation from your own insurance company.

 

Thank you to Butler Law Firm for their insight into bicycle accidents and when to call your insurance company.

 

 One of the most difficult family law issues that couples face is child custody. No matter how well a couple may be dealing with the breakup of their marriage, the thought of no longer living in the same house with their child seven days per week can leave any parent feeling overwhelmed and stressed. A friendly divorce can quickly become acrimonious when custody and parenting time has to be decided.

If you are facing any type of custody issue, the geo area child custody attorneys from name of firm can help. We understand how upsetting a custody battle can be and will do all we can do ensure your parental rights are protected.

Custody Laws

Under State law, there are two different categories of child custody – legal custody and physical custody. Legal custody addresses who makes decisions regarding the child’s welfare, including their education and health. Physical custody refers to the time with each parent the child will have. This includes the child’s primary residence, visitation, holidays, and vacation time.

There are different variations of how these custody categories are awarded. For example, both parents may be awarded legal custody, meaning they have equal say on decisions about the child’s education or medical care, but only one parent is awarded physical custody (this is the parent the child will primarily live with) and the other parent is awarded visitation time. 

When determining how custody should be divided between parents, the court will look at what is in the best interest of the child. Some of the factors a judge will consider include:

•     How old the child is
•     What the physical health of the child is
•     What the abilities of the parents are to care for the child
•     What the emotional bond to each parent the child has
•     What the emotional bond to their home, school, and community the child has
•     If there is any history of substance abuse or family violence

Experienced Legal Representation

Although there are child custody cases where both parents can agree on how custody will be divided, the majority of cases require that decision to be made by a family court judge. Trying to fight for custody without experienced legal representation, may result in a parent losing custody because of all the nuances of custody laws. One missed filing deadline could result in an objection to what the other parent’s attorney is proposing to be dismissed.

Contact a Child Custody Attorney

If you are having issues child custody issues or any other family law problems, contact an experienced geo area child custody attorney. Whether you are facing a first-time custody battle or have modification or other issues that need to be addressed,  call an attorney, like a child custody lawyer in Austin, TX, today to schedule a confidential consultation.

 

Thank you to Gray & Becker, P.C. for their insight into family law and child custody. 

 

 

 

 

When a couple divorces and one spouse makes significantly less money than the other, it is not unusual for the other spouse to pay alimony, also referred to as maintenance or spousal support. The purpose of alimony is to avoid throwing the spouse who makes less money into a state of financial ruin by the divorce.

However, alimony is different from child support in that the law does not mandate it. Spouses may agree to it on their own, or the court may order it on a case-by-case basis. Usually, though not always, alimony can be modified if there is a change in the circumstances of either spouse or the spouses agree to the modification.

Provisions in the Agreement

The agreement between the two divorcing spouses may include provisions that the alimony arrangement can be changed. Some provisions change the alimony amount automatically so that spouses do not need to keep renegotiating. Examples include an escalator clause and a COLA clause. An escalator clause ensures that if the payor’s earnings increase, the recipient will receive a share of the increase. COLA stands for Cost of Living Adjustment and ensures that as the cost of living increases, the recipient’s alimony payments will increase proportionately.

However, spouses may also include a provision in the agreement that the alimony arrangement cannot be modified or terminated under any circumstances. There are situations in which such an agreement may make sense. For example, the recipient spouse may use this as a bargaining chip to get the paying spouse to agree to the arrangement. However, if the situation is uncertain, this may not be beneficial to either spouse in the long run.

Changes of Circumstances

If former spouses agree to a modification of alimony payments, it may not be necessary to involve the courts. However, if they cannot agree, the court can intervene and consider the case. Depending on the laws of the state and the terms of the existing agreement, the court may be able to grant a modification of the alimony arrangement. However, typically the spouse requesting the modification must be able to show a reason why it is necessary.

If either spouse experiences a change of circumstances, it may be enough to justify an alimony modification. The change in circumstances can be either positive or negative. For example, if one spouse were to become disabled, that may warrant an alimony adjustment up or down, depending on which spouse is affected.

 

An attorney,  like a family law attorney in Lake Forest, IL, can examine your situation and determine whether alimony modification is an option for you. Contact our office to schedule an appointment.

 

Thank you to Hurst, Robin & Kay, LLC. for their insight into family law and divorce.

 

 

There is a growing epidemic in our community and country involving teen e-cigarette use and vaping. Currently, over 17.5 million Americans vape and the Centers for Disease Control and Prevention (“CDC”) has reported 2,000 cases of serious injuries related to vaping. 79% of those injured are under the age of 35 and 23 is the median age of those injured. 

 

E-cigarette and vaping use affects the prefrontal cortex of the brain. This part of our brain is responsible for decision making, planning of actions and consequences, problem-solving, and impulse control. 

 

What Are E-Cigarettes and Vape Pens?

 

E-cigarettes are electronic devices containing a nicotine-based liquid. They are composed of four parts: 

 

• A cartridge containing nicotine juice and any flavoring;
• An atomizer that turns the liquid to vapor;
• A battery to run the atomizer; and 
• An LED light for appearance purposes to make it look like a cigarette. 

 

No smoke is burned with e-cigarettes, so smoke is not actually produced. E-cigarettes have evolved so much because they are modern and attract young users who are looking for modern and cool ways to smoke. 

 

Juul is an e-cigarette brand that is currently leading the market. Their sleek and modern design looks nothing like a traditional cigarette. Juul has become so popular that the makers of Marlboro Cigarettes have invested $12.8 billion in Juul Labs – 35% of the company. Juul is composed of two parts: 

 

• A power source that contains a battery that can be charged through a USB port; and
• A cartridge, or sometimes referred to as a pod, containing e-juice.

 

A Juul cartridge can reportedly provide up to 200 puffs. They come in a variety of different flavored e-juices with an alarming amount of nicotine. When the cartridge is plugged into a power source, the e-juice is heated and produces vapor, which is then inhaled into the user’s lungs. 

 

What Are E-Cigarette and Vape Users Inhaling?

 

E-cigarette and vape users are inhaling primarily nicotine, and a host of other harmful toxins. Nicotine is the same thing found in tobacco products. Nicotine is a drug, a stimulant, highly addictive, and causes changes in brain chemistry. Although tobacco is not actually contained in the e-cigarettes, they contain nicotine salts that are derived directly from tobacco plants. Some of the other toxins contained in e-cigarettes are the same toxins found in antifreeze, nail polish remover, paint, pesticides, embalming fluid, and fireworks. 

 

When inhaled, the nicotine enters the brain after passing through the lungs. It then attaches to pleasure receptors in the brain and causes a release of pleasure chemicals – such as dopamine. This provides the user with a temporary feeling of pleasure. Nicotine becomes addictive when the pleasure centers in the brain create a memory of nicotine and an appetite for it. Other risks of vaping include lung damage, chronic bronchitis, pneumonia, increased risk of developing heart disease, high blood pressure, and cancer, decreased immunity, exposure to metal particles from vape smoke, such as tin, nickel, iron, aluminum, silicate, and chromium, injury from explosions, and “popcorn lung.” “Popcorn lung” is a serious and irreversible lung disease that can damage the smallest airways in your lungs, resulting in coughing and shortness of breath. Despite these serious health problems, e-cigarettes are almost completely unregulated on a federal level. There are no federal age limits for purchasing e-cigarette devices. 

 

E-Cigarettes, Vaping, and Their Impact Among our Youth 

 

Since their introduction in 2007, E-cigarette usage has doubled among middle and high school students. According to the National Youth Tobacco Survey, vaping by high school and middle school students has increased more than 77% since 2017. A 2014 CDC survey revealed that e-cigarettes are the most frequently used tobacco product, more so than traditional, combustible cigarettes. 

 

These e-cigarette and vaping devices are difficult to detect because they look similar to computer flash drives, which are common in school settings. They can even be charged using a laptop. 

 

Signs and Symptoms of E-Cigarettes Vaping?

 

• Psychological distress and lack of impulse control – such as – irritability, anger, impatience, and anxiety 
• Difficulty concentrating
• Change in hunger and eating patterns or weight gain
• Increased craving for tobacco/nicotine
• Sudden interest in burning scented candles or incense

 

What Can We Do? 

 

We as a community can do the following things to combat this serious health epidemic: 

 

• Educate yourselves – conduct research and attend a presentation to learn about what is really going on
• Talk with your teens, and teens, talk with your friends. Be aware of social media ads
• Direct people to online resources to educate themselves
• Look for teachable moments – real-life instances of vaping and its danger
• Talk about problems family and friends have had with smoking/vaping addiction
• Practice with your teen how to turn down an offer to vape
• Have a text code your teen can send you if they need to escape a vaping situation
• Most importantly, pay attention. Look for changes in your teens or friends

 

If you have questions about an e-cigarette case please talk to an attorney today, like a personal injury lawyer in Las Vegas, NV, today.

 

Thanks to Eglet Adams, for the information on vaping and the dangers it presents.  

 

When you’re involved in a personal injury case, you probably want to get it over with as soon as possible. Perhaps you’re wondering how much time you or the other party has to file a lawsuit? In addition to filing time, you will have to go through other legal proceedings, possibly court, that will eventually end in a settlement. How much time do you have for a personal injury lawsuit? Check it out!

What Is the Statute of Limitations?
There is a certain amount of time allotted to individuals for which they can file a lawsuit after becoming injured. That time frame is called the statute of limitations. It varies from jurisdiction to jurisdiction, as well as between types of lawsuits. If you don’t file your lawsuit within the allotted amount of time, you could forfeit your right to compensation.

What Is the Statute for Personal Injury Cases?
The statute of limitations for personal injury lawsuits varies from state to state, and you should be aware of the time allotted in your state so you don’t end up without a settlement at all. For example, in the state of Arizona, you have a two year statute, but in New Mexico, you would have four years. North Carolina has a three year statute of limitations, but just over the border in Virginia, there’s a five year statute.

Are There Any Exceptions to the Statute of Limitations?
In most cases, the statute of limitations begins when the injury occurs. There are a few situations in which the statute of limitations would not apply normally. For example, if the injured individual ended up in a coma and remained that way for six months, he or she would be given an additional six months upon waking up and realizing an injury had occurred.

Another exception would include a later discovery of the injury. If someone was in an accident and the physician didn’t catch a particular injury because you hadn’t begun to feel the pain, only to realize a year later that some pain you’d been feeling had come from the accident, the statute would begin at that year mark of discovery. This is sometimes a tricky situation in which the lawyer would have to help you prove the injury was in fact a result of the previous injury.

Don’t Do It Alone
When you are injured, you should never try to navigate the legal system on your own. Whether you feel you have a case or just want some initial advice, contact a personal injury lawyer, like a personal injury lawyer Trenton, NJ, today to have the help of a professional.

Thank you to Davis & Brusca, LLC for their insight into personal injury law.

Following an accident, a personal injury lawyer in [location] might draft and send an initial demand letter to the insurance company belonging to the negligent party (or defendant). A demand letter notifies the party of the claim and may briefly explain what you are seeking. 

Why Lawyers Like Demand Letters
Demand letters are essentially the first part of the claims process. They are essentially the initiate to a negotiation. Although it is very possible the demand letter won’t work, and negotiations will be a failure, this is rarely the case. The chances of your case going all the way to court is very small. A good personal injury lawyer should be able to draft a demand letter that can be backed up through sound logic and reasoning. Further negotiations, mediation, or arbitration may be included to ensure you recover maximum damages. 

Just as insurance companies have their own tactics they might use against you, a demand letter is a negotiation tactic used by your personal injury lawyer. A demand letter lets the insurance company know you are serious, and you will not accept anything less than what you deserve. In general, when an insurance company receives an official demand letter from a personal injury lawyer, they are more likely to offer a reasonable settlement that is greater than what you would have received had you not hired a legal advocate.

Understanding Demand Letters
As the plaintiff, you will not have the responsibility of drafting a demand letter on your own. Rather, a personal injury lawyer handling your case will do this for you. That said, it may help to have a better understanding of what may be included.

The Facts
A demand letter will detail many facts around the accident including:

• What led up to the accident 
• Who was involved
• Why the accident occurred
• Who may be to blame

It is certainly possible for the insurance company to view these facts differently. A personal injury lawyer should back these facts up with evidence that supports what is being said. 

The Costs
A demand letter will also include an amount of money that essentially settles your case. This is called the demand. The demand is weighed against the costs of failing to accept it.

The Law and Rules
In addition to the facts and the demand, a personal injury lawyer may choose to include any relevant laws of the state that support your position as the plaintiff.

Other Elements of a Demand Letter
A demand letter may also include:

• The ability of the insurance company to settle now for a reasonable amount, and before the case goes to trial – something that can be very costly for them. 
• Supporting documents such as medical records, photographs of the accident, logs, expert testimony reports, and more. 
• A deadline for which the insurance company must accept the settlement offer. The average deadline is 15 days, but could be more or less. 

Demand letters are an important element in a personal injury case. If you are seeking maximum damages, then you should consider having a personal injury lawyer, like a personal injury lawyer in St. Paul, MN, on your side. 

Thank you to JOHNSTON | MARTINEAU PLLP for their insight into hiring an attorney after an injury.